The purpose of this article is to provide for administration and enforcement procedures of this chapter, including administration; public hearings, forms of petitions, applications and appeals; interpretation; severability; effective date; and remedies and penalties for violation.

(Res. of 4-7-2023(1))

The planning commission or its delegate, the planning director, shall have the power and duty enforce the provisions of this chapter. All departments, officials, and public employees of Dawson County, vested with the duty and authority to issue permits, shall conform to the provisions of this chapter and shall issue no permit, certification, or license for any use, building, or purpose which violates or fails to comply with conditions or standards imposed by this chapter. Any permit, certificate, or license issued in conflict with the provisions of this chapter, intentionally or otherwise, shall be void. No application which is incomplete shall be processed or received by the planning commission or its delegate, the planning director.

(Res. of 4-7-2023(1))

(a)

All proposed amendments, whether an amendment to text or a modification of districts or permissive uses, as well as applications for variances, shall be submitted to the community development director in accordance with the submittal deadline established by the community development department.

(b)

The planning commission shall conduct a public hearing regarding the request. County-initiated applications are exempt from these requirements but shall otherwise follow all requirements of the Georgia Zoning Procedures Law. After conducting the public hearing, the planning commission shall have 45 days within which to submit a recommendation unless such period of time is extended upon the request of the applicant and the approval of the planning commission. If the planning commission fails to submit a recommendation within the specified time period, then the planning commission shall be deemed to have recommended denial of the proposed amendment or request.

(c)

Any decision of the planning commission that is not automatically placed upon the agenda of the board of commissioners pursuant to the terms of this resolution may be appealed directly to the board of commissioners within ten days of such decision by filing a written notice of appeal with the community development director; otherwise, such decisions shall be final. An appeal of a decision of the planning commission specific to the standards of chapter 121 (Land Use) shall only be made by an aggrieved applicant. An aggrieved neighboring property owner may not appeal a decision of the planning commission to the board of commissioners.

(d)

The applicant shall notify the community development director of its desire to appeal the decision of the planning commission. The planning commission shall notify the board of commissioners of the applicant's desire to appeal and shall arrange with the board of commissioners a suitable hearing date.

(e)

The board of commissioners shall consider recommendations and findings of the planning commission at a public hearing on the date advertised at which time all parties shall have an opportunity to be heard regarding the request. The proponent shall have a minimum time period of ten minutes to present data, evidence, and opinions, and an equal minimum time period of ten minutes shall be permitted for presentation by opponents of each request. No amendment, supplement, change, or appeal by the board of commissioners shall be effective unless such decision is approved after a public hearing.

(f)

At least 15 but not more than 45 days' notice before the date of the hearings by the planning commission and the board of commissioners, the county shall publish a notice of the hearing within a newspaper of general circulation within Dawson County. The notice shall state the time, place, and purpose of the hearing.

(g)

If the action for which the hearing is conducted is for amending the land use district map by reclassification of property and is initiated by a party other than the county, the notice in addition to the previously noted requirements above, shall include the location of the property and the proposed change of classification, and a sign containing information specified herein and any other information specified by the planning commission shall be placed in a visible location on the property not less than 15 days before the date of the planning commission's public hearing.

(h)

For all proposed rezoning, special use, and variance applications, at least 15 days but no more than 45 days prior to the meeting of the planning commission, the applicant shall send notification mailings to all adjacent and adjoining property owners of record based on the county tax assessors records as of the date of the application. Said notification shall include a form provided by the staff of the community development department (or, in the alternative, a letter of explanation submitted by the applicant and approved by the county staff); a copy of the subject property recorded plat or concept site plan; and other applicable information that the applicant may desire to include such as example architectural renderings. Prior to the planning commission meeting, the applicant shall provide proof of certificate of mailing to staff of the county staff.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 51)

(a)

Authority to approve certiorari documents. In order to comply with O.C.G.A. § 36-66-5.1(c), the chair of the board of commissioners, and/or planning commission, as appropriate, is authorized to issue certiorari bonds and certificates of costs upon confirmation with county staff that such approvals are appropriate.

(b)

Authority to accept service. For purposes of certiorari proceedings, the chair of the board of commissioners, or planning commission, as appropriate, is authorized to accept service on behalf of the respondent. The chair to the board of commissioners is authorized to accept service of process on behalf of Dawson County as opposite party.

(c)

All petitions, applications, and appeals provided for in this chapter shall be made on forms issued by the planning director.

(Res. of 4-7-2023(1))

If the provisions of this chapter conflict with or are less restrictive than comparable conditions imposed by any other provision of Georgia Statutes or any other Dawson County Resolution or Ordinance, then the most restrictive provision shall apply.

(Res. of 4-7-2023(1))

If any section, subsection, sentence, phrase, or any portion of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, or if the provisions of any part of this chapter as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this chapter not so held to be invalid, or the application of this chapter to other circumstances not so held to be invalid. It is hereby declared to be the intent of the board of commissioners to provide for separable and divisible parts and does hereby adopt all parts hereof as may not be held invalid for any reason.

(Res. of 4-7-2023(1))

(a)

If any person, form, or corporation violates any provision of this chapter, the county may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful act or to correct or abate such violation.

(b)

In addition to any other enforcement provision provided herein, any person who shall violate the terms of the zoning resolution of Dawson County, Georgia may be punished by a maximum fine of $1,000.00 or a maximum of 60 days imprisonment or both. The Magistrate Court of Dawson County shall have jurisdiction and power over the trial of charges of violations of these ordinances.

(1)

The prosecution for violations of county ordinances shall be upon citation or upon accusation by the county attorney or such other attorney as the Dawson County Board of Commissioners may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation.

(2)

The Dawson County Board of Commissioners may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney, as well as upon accusations.

(3)

Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which the citation shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes tan serves the citation.

(4)

Prosecutions for violations of these ordinances and regulations upon citations shall be commenced by the completion, signing and service of a citation by any agent of the county who is authorized by the Dawson County Board of Commissioners to issue citations or by an agent of the state who is authorized to issue citations. The original of the citation shall be personally served upon the accused, and a copy shall be promptly filed with the court.

(5)

The Chief Magistrate of Dawson County may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of these ordinances. The chief magistrate shall designate the officer or officers authorized to accept cash bonds pursuant to the schedule of cash bonds by the court. However, an officer or agent who is authorized to issue citations shall not be authorized to accept a cash bond at the time of or in conjunction with, the issuance of the citation. The officer accepting a cash bond shall issue a receipt for the bond to the person charged with the violation. Any person who is accused by citation, but has not been arrested may, but shall not be required to, give a cash bond for his/her personal appearance at court for trial. If a person who has given a cash bond fails to appear for trial, then the failure to appear shall be deemed to constitute a guilty plea, and such cash bond shall be forfeited upon the call of the case for trial. Dawson County need not take any further action to forfeit the cash bond. The forfeiture of a cash bond shall be deemed to constitute imposition and payment of a fine and shall be a bar to subsequent prosecution of the accused for the violation. However, the court may in any case enter an order pursuant to which bond forfeitures shall not be deemed to constitute imposition of sentence and subsequent prosecution shall not be a bar. In any such case, the amount of the bond forfeited shall be credited against any fines imposed. The clerk of magistrate court shall furnish the officer of officers authorized under the order with a book of blank receipts consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officer when accepting a cash bond to show the name of the person cited or arrested, the date of arrest or citation, the nature of the offense, the amount of the cash bond, and the name of the receiving officer. The receiving officer shall deliver a receipt to the person arrested or cited at the time the cash bond is given and shall file the original together with the cash bond with the clerk of the magistrate court not later than the next succeeding business day following the date of issuance of the receipt.

(6)

Execution may issue immediately upon any fine imposed by the court and not immediately paid. The Sheriff of Dawson County shall receive and house all persons sentenced to confinement for contempt or sentenced to confinement for violation of these ordinances.

(7)

The review of convictions shall be by certiorari to the Superior Court of Dawson County.

(8)

The county attorney or another attorney designated by the Dawson County Board of Commissioners may act as prosecution attorney for violations of county ordinances.

(9)

Should any work be performed for which a building, grading or development permit is required prior to the issuance of a permit by the Dawson County the fees for such permit shall be doubled.

(Res. of 4-7-2023(1))

This chapter shall take effect on April 7, 2023.

(Res. of 4-7-2023(1))